If you report workplace harassment, you are protected by laws that safeguard employees from retaliation. It is illegal for an employer to fire, demote, or otherwise retaliate against you for reporting harassment or participating in an investigation related to harassment. Here's a breakdown of your rights and the steps you can take if you believe you are at risk of retaliation after reporting harassment.
1. Legal Protections Against Retaliation
In many countries, employees are protected from retaliation by law if they report harassment. In the United States, for example, the Equal Employment Opportunity Commission (EEOC) enforces laws that protect employees from retaliation under Title VII of the Civil Rights Act of 1964. These laws make it illegal for employers to retaliate against employees for:
Filing a harassment complaint
Participating in an investigation or lawsuit regarding harassment
Opposing discriminatory or harassing behavior
What You Should Do: Familiarize yourself with the specific laws that protect against retaliation in your jurisdiction. If you believe you have been retaliated against for reporting harassment, these laws provide a basis for seeking legal action.
2. Reporting Workplace Harassment
When you report harassment, it’s important to follow the correct procedure outlined by your employer or company. Most employers have a complaint procedure in place for reporting harassment, whether through HR, a designated officer, or another channel.
- What You Should Do: Document everything related to the harassment, including dates, times, and descriptions of incidents. Report the harassment through the company’s formal process and ensure that you retain copies of all communications and records of your report. This documentation will be important if you need to take further action.
3. Employer’s Duty to Investigate
Once you report harassment, your employer has a legal obligation to investigate the claim and take appropriate action to resolve the issue. The employer must act promptly and thoroughly, ensuring that no retaliation occurs against the person making the report.
- What You Should Do: Keep track of how your employer handles the investigation. If the employer fails to conduct a proper investigation or if the harassment continues, you may need to escalate the matter to a government agency or seek legal action.
4. Retaliation: What Does It Look Like?
Retaliation can take many forms, including:
Termination or Demotion: An employer firing you or demoting you after you report harassment.
Negative Performance Reviews: A sudden drop in performance evaluations after reporting harassment, which may be used as a basis for firing.
Change in Job Responsibilities: Sudden changes to your job duties, such as reassignment to less desirable work, can also be considered retaliatory if they occur after reporting harassment.
Harassment or Intimidation: If colleagues or supervisors treat you differently or retaliate against you for making a complaint, this is also considered illegal retaliation.
What You Should Do: If you experience any form of retaliation after reporting harassment, document the changes or actions that have occurred. This evidence will be crucial if you need to file a retaliation complaint.
5. Steps to Take if You Face Retaliation
If you believe your employer is retaliating against you for reporting harassment, you have several options:
A. File a Retaliation Complaint with the Relevant Authority
In the U.S., you can file a retaliation complaint with the EEOC or your state’s labor department. These agencies investigate workplace retaliation claims and can help ensure your rights are protected. Many other countries have similar agencies or labor boards that investigate employment discrimination and retaliation.
- What You Should Do: Consult with your attorney or contact the relevant government agency to file a formal retaliation complaint. Provide them with evidence of your harassment complaint and any retaliation you have experienced.
B. Seek Legal Advice
If the situation is escalating, it’s wise to consult with an attorney who specializes in employment law. An experienced lawyer can help you understand your rights, assess the strength of your case, and guide you through the process of seeking compensation or other remedies.
- What You Should Do: Contact an employment attorney to discuss your situation. If your rights are being violated, your attorney can help you take legal action against your employer for retaliation.
C. Consider Alternative Dispute Resolution (ADR)
Many employers encourage mediation or arbitration as alternatives to litigation. ADR allows you to resolve the issue with a neutral third party outside of court. If you are part of a union, your union representative may also assist you in addressing the issue through ADR methods.
- What You Should Do: If you are open to ADR, work with your attorney to explore whether this could be a viable option for resolving the issue without going to court.
6. Document Everything
If you are being retaliated against, document every incident, communication, and action that supports your claim. This includes emails, written communications, performance reviews, and any negative changes in your work environment. Detailed records will strengthen your case if you decide to pursue legal action or file a complaint with the relevant authority.
- What You Should Do: Keep a detailed, written log of any retaliatory actions taken against you. Note down dates, times, and specific details of incidents. Save any emails or letters related to the harassment and retaliation.
7. Understand the Legal Consequences for Employers
If your employer retaliates against you for reporting harassment, they could be held legally responsible for violating anti-retaliation laws. In some cases, this could result in significant penalties, including fines or damages awarded to the employee who was retaliated against.
- What You Should Do: If you are retaliated against, your lawyer can help you understand the legal options available to you, including the possibility of filing for damages or compensation due to the retaliatory actions of your employer.
